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Resolution-ZA 1988-47~_ ~~~ • DECISION OF THE ZONING ADMINISTRATOR - ZA 88-47 PETITION: VARIANCE N0. 3821 CEQA STATUS: CATEGORICAL EXEMPTION CLASS-3 DATE OF PUBLIC HEARING: July 28, 1988 OPPOSITION: There were three people indicating their presence in opposition. OWNER: ROBERT L. DAVIS and AMINTA D. DAVI5, 6503 Marengo Drive, Anaheim, CA 92807 AGENT: THOMAS MAURER & ASSOCIATES, ATTN: Rick Crane, 150 E1 Camino Real, No. 200, Tustin, CA 92680 LOCATION: 6980 .East Avenida de Santiaaa REQUEST: Petitioner requests waiver of the following under authority of Code Section 18.12.060.040: SECTION 18.84.042.011 - Maximum Structural Height. (25 feet permitted in the Scenic Corridor ~one`Overlay; 33 feet 6 inches proposed) Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.12.040, to decide the above-referenced petition and a'public hearing having been duly noticed for and held on the date set forth above, I do hereby find: 1. That the impact of the proposal is minimal because the neighboring lots to the front and rear which might be impacted (amounting to 3 or 4 homes) are at least 7 to 12 feet higher ar lower than subject building pad, that the building pads of the lots to the rear are at least 50 feet lower, and that the front .and side. yard setbacks of the proposed dwelling are significantly deeper than required (50 feet instead of 25 feet for the .front and 15 to 20 feet instead of 10 feet for the sides) thereby further reducing any impact of the proposal on the neighbors to the front and sides; 2. That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and 3. That strict application of the. Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity.: r ~.. Page 2 Variance No. 3821 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal to construct a 2-story, 33-foot 6-inch high, single-family .residence with waiver of maximum structural height on an irregularly-shaped parcel of land consisting of approximately 1.2 acres, having a frontage of approximately 100 feet on the southeast side of Avenida de Santiago, having a maximum depth of approximately 345 feet, being located approximately 350 feet west of the centerline of Hidden Canyon Road and further described as 6980 E. Avenida de Santiago; and that the Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an Environmental Impact Report. .Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. .3821 for a maximum height of thirty three (33) feet, subject to the following. conditions: 1. That unless proof-of exemption is submitted in compliance with City :Council Resolution No. 85R-423, prior to issuance of a building permit, the appropriate major thoroughfare and bridge fee shall be paid to the City of Anaheim in an amount as specified in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor, as approved by City Council Resolution No. 85R-423. 2. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the .City of Anaheim in an amount as determined by the City Council.- 3. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by City Council resolution. 4. That subject property authorized by this resolution shall be served by underground utilities. 5. That, as specified in Anaheim Municipal Code Section No. 18.84.042.012, no roof-mounted equipment, whatsoever, shall be permitted. 6. That gates shall: not be installed across the driveway in a manner which .may adversely affect vehicular traffic in the adjacent public street(s). Installation of any gates shall conform to the Engineering Division's Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. 7. That subject property shall be developed substantially in accordance with plans and specifications on file with the City'of Anaheim marked Exhibit Nos.'1-through 6; provided, however, that the maximum building height shall. be thirty three (33) feet. 2 ZA 88-47 ~. Page 3 Variance No. 3821 8. That prior to issuance of a building permit, or within a period of one year from. the date of this decision, whichever occurs first, Condition Nos. 1 through 3, above-mentioned, shall be complied with. Extensions for .further time to complete. said .conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 9. That prior to final building and zoning inspections, Condition Nos. 4 and 7, above-mentioned, shall be complied with. 10. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City regulations. Approval does not include any action or findings. as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. This decision is made, signed, and entered into the file this fourth day of August, 1988. w ~~ - ~~;~~ititXlCc.~Gr~~ Annika M. Santalahti Zoning Administrator NOTICE: This decision shall .become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within. l5 days of ,the date of the signing of this decision or unless members of the City Council shall request to review this decision within said 15 days.. DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date set forth below, I did deposit,-in the United States Mail, a copy of the decision to the applicant and did forward a copy to the City Clerk. DATED : ~T~ 1 ~ ~ / ~=r/~ ~JC=I~~ -~%~~ Pamela H. Starnes, Executive Secretary 0086g 3 ZA 88-47